TERMS AND CONDITIONS OF USE
We welcome you to the Take Two Pillows website (the “Website” or “taketwopillows.com”). The Website is owned by Take Two Pillows LLC (collectively, “Take Two Pillows”, “we” or “our”). The Website is designed to provide information about health, wellness and sustainability, sell products, and to create a community of like-minded people interested in the topics we discuss (the “Service). Take Two Pillows provides the content and Services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read the following terms and conditions very carefully. If you do not agree to these Terms and Conditions, please do not use our Website.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE WEBSITE.
- Acceptance of Terms: The Terms and Conditions sets forth legally binding terms for your use of the Website (the “Agreement”). By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on our Website as a user). We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use our Website after any such modification is posted; it is therefore important that you review this Agreement regularly. General Registration Requirements: If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are at least 18 years of age or older and are capable of forming a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Take Two Pillows reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
- Minors: This website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.
- Member Account, Password and Security: If you register on our Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gaiam of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You further agree not to use anyone else’s password on the Website. Take Two Pillows will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in our best interest to do so.
You agree that we may communicate with you electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
- Submissions to the Website: The Website may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features (“Interactive Area(s)”). You acknowledge that the Website and the Interactive Areas are public and do not provide for private communications; therefore, any information or content you post to the Website may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information on the Website. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, Gaiam specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
- Responsibility for Content: You, and not Take Two Pillows, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Take Two Pillows does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Take Two Pillows be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- Rejection/Removal of Content: You acknowledge that Take Two Pillows may or may not pre-screen Content posted on our Website, but that Take Two Pillows shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Take Two Pillows shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Take Two Pillows or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Take Two Pillows.
- Preservation/Disclosure: You acknowledge, consent and agree that Take Two Pillows may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Take Two Pillows, its Members and the public.
- Security Components: You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Take Two Pillows and/or content providers who provide content to Take Two Pillows. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
- Non-commercial Use: The Service may not be used in connection with any commercial purposes, except as specifically approved by Take Two Pillows. Unauthorized framing of or linking to our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
- License to Your Content: By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website or the Service, you hereby grant to Take Two Pillows a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain Content you have posted, but Take Two Pillows has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on Take Two Pillows servers after the Content appears to have been removed from our Website, and Take Two Pillows retains the rights to all such remaining copies. If you wish to keep any Content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, Take Two Pillows or the Site. You agree that in the event Take Two Pillows receives any royalties, compensation or other payments associated with exercising the rights granted to it under the license granted in this provision, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that Take Two Pillows may, in its sole discretion, use any Content for which it has a license in a manner that may link to, refer to or reference your name, such as use of your Content on the Website or an affiliated or partner website. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
- Website Content: All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, pricing or other content available on the Website are accurate, complete, reliable, current or error-free. Our Website is provided free of charge and on that basis we have no obligation to provide any maintenance support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website. Take Two Pillows reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Website, and to the products and packages described on the Website, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. You acknowledge that you may not rely on any content on the Website Take Two Pillows. Take Two Pillows does not endorse or represent the reliability, accuracy or quality of any information, or non-Take Two Pillows goods, services or products displayed or advertised on the Website. We make no representations or warranties, express or implied, with respect to the information provided on this Website.
- International Use: Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Shipping and Return Policies: Please review our shipping and return policies. These policies govern the purchases you make on our Website, so that you may understand our sales practices and procedures.
- Notice And Procedure For Copyright Infringement Claim: The Digital Millennium Copyright Act (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Accordingly, Take Two Pillows reserves the right, but not the obligation, to terminate your right to use the Website if Take Two Pillows determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Take Two Pillows accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Take Two Pillows has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Take Two Pillows to locate the material; (d) information reasonably sufficient to permit Take Two Pillows to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the Act shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Take Two Pillows designated copyright agent to receive notification of claimed infringement can be reached by writing to: Take Two Pillows, 1915 Hemlock Farms, Hawley, PA 18428. Member Disputes: You are solely responsible for your interactions with other Members. Take Two Pillows reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Termination: You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. You agree that Take Two Pillows, in our sole discretion, may terminate your account or your access to our Website or the Service immediately, with or without notice to you, and without liability to you, for any reason, including, without limitation, if Take Two Pillows believes that you have breached any of the terms of this Agreement or acted inconsistently with the letter or spirit of the Agreement, furnished Take Two Pillows with false or misleading information, or interfered with use of the Website or the Service by others.
- Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TAKE TWO PILLOWS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH THEY ARE LINKED.
TAKE TWO PILLOWS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (VI) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAIAM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation on Liability: To the fullest extent permitted by applicable laws, IN NO EVENT WILL GAIAM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF TAKE TWO PILLOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, Take Two Pillows liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Take Two Pillows for the Service. Otherwise, if you are dissatisfied with any portion of the Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website. Without limiting the generality of the foregoing, Take Two Pillows will not be liable for: (a) the contents of any communication, message, or information posted by you or other third parties; (b) the content of any website not controlled, owned, or operated by Take Two Pillows that is accessed from or linked to this Website; (c) the content, services or information provided by any website purporting to be operated by Take Two Pillows or its affiliates, but not actually affiliated with, controlled, owned, or operated by Take Two Pillows; and (d) any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You further specifically acknowledge that Take Two Pillows is not liable, and you agree not to seek to hold Take Two Pillows liable, for the conduct of third parties, including other users of the Services and operators of external websites and that the risk of use of the Services and external websites and of injury from the foregoing, rests entirely with you.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD OR GROSS NEGLIGENCE.
- 24. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
- Indemnity: You agree to indemnify, defend, and hold harmless Take Two Pillows, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, representatives and third-party providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any violation of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Take Two Pillows will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms: We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
- Modification and Discontinuation: We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
- Choice of Law and Forum: This Agreement and the relationship between you and Take Two Pillows shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Take Two Pillows agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pike, Pennsylvania.
- Waiver and Severability of Terms: The failure of Take Two Pillows to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Waiver of Jury Trial and Class Actions: You and Take Two Pillows waive all rights to a jury trial, instead electing that any disputes be resolved by a judge. You also agree that any disputes with us shall be resolved on an individual basis, and that you may not bring a claim as a plaintiff or class member in a class consolidated or representative action.
- Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Headings: The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
- Questions: If you have any questions regarding this Agreement, please contact us by email, or by mail at 1915 Hemlock Farms, Hawley PA 18428.